Politics · Malaysia Bureau
Court overturns RM1.1m damages award, permits government and police appeal
A higher court has set aside a damages ruling against the government and police, finding the trial judge improperly relied on findings from separate legal proceedings. The appellate bench has granted both defendants leave to pursue their appeal.
LSN Malaysia ·
The appellate court determined that the trial judge committed a material error in law by treating conclusions from an inquest and criminal revision proceedings as substantive evidence in the civil damages case. This procedural mishandling formed a significant part of the reasoning behind the original RM1.1 million damages award to the plaintiff, the mother of a deceased model.
The bench ruled that findings from other legal proceedings could not be properly utilised as direct proof in the separate civil matter, representing a fundamental departure from established evidentiary principles. The court's decision highlights the importance of maintaining clear distinctions between different judicial processes and their respective burdens of proof.
With the appellate court's decision to allow the government and police to proceed with their appeal, the matter now returns to a higher forum for reconsideration. The overturned judgment means the damages award to the plaintiff is no longer enforceable pending the outcome of the appellate proceedings.
The case underscores ongoing litigation surrounding the circumstances of the model's death and the various civil and criminal claims that have emerged from the incident.